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Archive for the ‘Biotech’ Category

Supreme Court questions ban of biotech alfalfa

Tuesday, April 27th, 2010

By Breaking Legal News, Breaking Legal News.

Supreme Court justices on Tuesday sharply questioned a lower court's decision that has prohibited biotech giant Monsanto Co. from selling genetically engineered alfalfa seeds, possibly paving the way for the company to distribute the seeds for the first time since 2007.

The case has been closely watched by environmentalists and agribusiness. A federal judge in San Francisco barred the planting of genetically engineered alfalfa nationwide until the government could adequately study the crop's potential impact on organic and conventional varieties.

St. Louis-based Monsanto is arguing that the ban was too broad and was based on the assumption that their products were harmful. Opponents of the use of genetically engineered seeds say they can contaminate conventional crops, but Monsanto says such cross-pollination is unlikely.

Organic groups and farmers exporting to Europe, where genetically modified crops are unpopular, have staunchly opposed the development of such seeds.

Environmentalists are concerned with the case's effect on a federal law that requires the government to review a product's effect on the environment before approving it. The U.S. Agriculture Department earlier approved the seeds, but courts in California and Oregon said USDA did not look hard enough at whether the seeds would eventually share their genes with other crops.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Court rules against Santarus in patent suit

Thursday, April 15th, 2010

By Breaking Legal News, Breaking Legal News.

A U.S. district court ruled against specialty pharmaceutical company Santarus Inc in its patent suit against Par Pharmaceuticals, sending Santarus shares tumbling 48 percent after the bell.

The suit filed by Santarus and co-plaintiff University of Missouri relates to Par's application to market a generic version of Santarus' heartburn drug, Zegerid.

The court ruled that the patents-in-suit are invalid due to obviousness. It also concluded that certain asserted claims are invalid for lack of written description.

The case is Santarus Inc et al v. Par Pharmaceutical Inc, U.S. District Court, District of Delaware. No. 07-551.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

NJ court OKs tea party group’s bid to oust senator

Tuesday, March 16th, 2010

By Breaking Legal News, Breaking Legal News.

A New Jersey appeals court is allowing a conservative tea party group to proceed with an effort to throw a Democratic U.S. senator out of office.

The three-judge panel Tuesday ordered the secretary of state to accept the group's petition seeking to recall Sen. Robert Menendez. That allows the tea party activists to begin collecting the 1.3 million voter signatures they need to get a recall on the ballot.

The court set aside the larger question of whether voters have a constitutional right to recall a federal lawmaker.

New Jersey is among 18 states that allow recalls of statewide elected officials. There is no right to recall congressmen and senators under the U.S. Constitution.

The court says it would take up that question if the petition drive succeeds.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.